A comparative analysis between Persecutors in Indian, US and English Criminal Justice Systems


Prosecutor isn’t the delegate of the person in question, not of the blamed, even not of the public authority, but rather he/she is the representative rather specialist of individuals of the country in its genuine sense.

In this paper we will manage job of examiner and the entire idea with regards to why he/she is required.

We will zero in inclining further toward the Indian point of view and attempt to contrast it and the US and the English criminal equity framework. As various nations keep different framework some customary law ill-disposed framework and some polite law inquisitorial framework so the working may likewise contrast.

Prosecutors taken under any framework, their only design is to convey equity yet the inclusion and the people who are designated or the way of these arrangements shift in different nations. They are the delegate of every nation’s administration or their states government still a distinction dwells as the obstruction of the public authority and the nations legal executive and elocutionary body might falter.

Yet, this paper will give a knowledge on the job and significance of examiner for the assurance of common liberties and for the general public’s prosperity and security. Likewise, the similar investigation of these three nations will cause us to get what are the advantages just as oddities and why the equity conveyance framework varies in India from the US and the UK.

Many individuals consider the word Prosecutor interchangeable to legal advisor, yet there’s a major distinction in the event that we comprehend the legitimate definition which will give us clearness. As per Merriam Webster word reference an investigator establishments a procedure or addresses the state in a criminal procedure as litigant for example an administration lawyer.

The fundamental definition and work of examiner is this yet the functioning contrasts from one country to another as depends whether they keep custom-based law antagonistic framework or inquisitorial framework. In certain nations the job of examiner relates in entire of the examination interaction for example engaging with the police examination, proof assortment and so forth while in others there is no obstruction, however whether or not the privileges of denounced are kept flawless is checked and all that works as indicated by laid techniques.

A few nations even let examiner safeguard any considerate activities on them too. Subsequently, a Prosecutor can be known as the backer addressing the public authority of that country in any criminal arraignment or even once in a while in common matters.

Definition of a Public Prosecutor

Prosecutor is alluded to as the specialist of the state and keeps a check that whether equity is given in the correct way to the average folks and helps the adjudicators in doing as such. He is delegated by the public authority might be at focal level or at state level or even at nearby level. This division varies in different nations. However, they just have the task to check the equity isn’t denied and appropriately gave to the denounced too. To do the trick the Latin Rule of law ‘Audi alteram partem’, nobody ought to stay unheard.

On the off chance that the casualty has the option to be heard, even the charged will be furnished with the opportunity to demonstrate his guiltlessness as assumption of honesty is an all inclusive right even referenced under the UN’s revelation of Human freedoms Article 11. The state considers at whatever point a criminal case is founded then the wrongdoing is likewise against the state according to the law of cultural security in this way the investigator guarantees that law isn’t bewildered with when the examination and preliminary of a case happens in the interest of the state.

There are a few rules which are expressed by the OHCHR which was taken on by the United countries congress on the Prevention of Crime and the treatment of wrongdoers on ninth September 1970 for the job of Prosecutor. They need to work to keep unblemished basic liberties with the fair treatment of law under the criminal equity framework. Their jobs are:

  1. They will exalt their situation as they are designated by the state.
  2. They will not dig into any such discretionary or fake practice that may hurt the interest of the case.
  3. They will be given insurance for example individual security assuming conditions interest so.
  4. They will reserve the privilege to participate in open conversations in regards to lawful issues
  5. They will reserve the option to partake in open conversation of issues concerning the law to advance and ensure common liberties for which they will have opportunity of articulation and affiliation.
  6. Examination of wrongdoings and management of execution of courts choice, checking the reasonableness of examination all falls under his obligation.
  7. They will lead fair examination.
  8. They will work keeping public interest flawless.
  9. They will keep matters classified except if required.
  10. Act as per the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.
  11. They will won’t utilize confirmations which are enrolled by unlawful strategies like torment, cruel means against the suspects.
  12. They can likewise postpone their indictment freedoms on sensible or contingent grounds. (any place it tends to be conceivable)
  13. A few nations provide optional capacity to their investigators in adolescent matters, so to utilize them the nature and gravity of offense is to be seen. (they should attempt to try not to make severe moves in such matters)
  14. They will help out any remaining bodies dealing with the case.

Consequently, these rules are set by the common liberties commission for the investigators so that both the gatherings to the case get a fair preliminary and public premium is defended also1.

Difference between Prosecutor and Lawyer

Well one can say all Prosecutors are Lawyers and not all Lawyers are Prosecutors.

Attorneys are authorized supporters they can have customers and can work in any field of law. They can address either the person in question or charged and when they communicate their viewpoint, they tend to introduce realities, confirmations and observers for their side of the case. They center around conveying equity to their customer. While Prosecutors are named by the state and they are delegates in the interest of the public authority who guarantees fair and sensible preliminary.

His obligation is to keep unblemished basic freedoms and respect and keep up with balance and unambiguous examination and preliminary. He can’t lean toward anybody side and will work to give equity in the correct way. He is a state lawyer in criminal cases and whenever required can take up common suits also. A legal counselor attempts to demonstrate his side of the case while an investigator’s only intention is to track down reality in lawful way and furnish the court with the equivalent so discretionary practices can be kept away from.

To give fair and equivalent equity. We have as of now seen the job of examiners so they are significant in short to do the trick these 3 P’s:

  1. Indict lawbreakers who overstep the law via fair examination and preliminary
  2. Keep violations from occurring in any case that is by making mindfulness partaking in open conversations exhorting the executionary bodies and so on
  3. Secure the survivors of wrongdoing, can be an individual or the entire society or a local area and to guarantee everybody persuades their entitlement to be heard.

Prosecutors in Indian Criminal Justice System

Under the Indian Criminal Justice System, the position to examine is with the police and for the preliminary round we have judges, legal advisors additionally involved however everything is done under the management of officer. From looking for authorization to capture, to giving justification behind the capture, to exploring and directing preliminary this everything is finished by officer’s consent. Then, at that point, comes the job of examiner in India alluded to as open investigator which is characterized under segment 24 of the Criminal Procedure Code which we will talk about later.

He is a representative of the state and addresses them in such criminal procedures. In India when the need to indict a case emerges the choice is taken by officer on the report presented by police and afterward the investigator is delegated. The examiner is selected to address the public authority regardless or give state’s portrayal in any criminal case.

Segment 24 of the CrPc. depicts about the arrangement of such open examiner. In High court the public investigator is selected by the focal government or the state government with their discussion whenever required can likewise designate an extra open examiner for them. Contingent on the sorts of cases and the examination the focal government can delegate public investigators in the region courts or nearby bodies for a few case or class of cases.

The public examiner alongside the extra open investigator who is selected for a specific locale can likewise engage in different regions cases whenever required. This arrangement is done in interview with District Magistrate via setting up a legitimate board to propose names for the arrangement. Assuming there as of now exists a framework of indicting officials the state will pick an examiner from that in the event that no reasonable individual is found, the board names will be thought of.

Above all the individual should rehearse support for something like 7 years then no one but he can be qualified for the post and for the post of extraordinary public investigator at least 10 years’ experience is needed by and by as a supporter. Area 25 arrangements with arrangement of an associate public investigator.

The investigator’s responsibility is to convey equity not to tie down conviction or quittance to fulfill anybody or any thought process. His responsibility is to see that whether in the entire technique of capture to examination to preliminary, whether or not the law was adhered to. He must give means to manage a fair hearing so no bad form or unlawful exercises happen. He ought not appear to be anxious but instead guarantee both the person in question and charged privileges are protected.

In this manner, the need to delegate an investigator emerges to keep away from the accompanying:

  1. The blamed should not be denied for his privileges
  2. To give fair preliminary for example both the gatherings are heard
  3. To lead fair examination
  4. To eliminate prejudicial practices
  5. To build up uniformity
  6. He isn’t selected by the legal executive however is a legal body designated by the state and as their agent its his obligation to investigate matters to assist the general public. They can work alongside the police office.
  7. He can’t show up for the benefit of the blamed. He can interest for his privileges to be given to him that he’s qualified for.
  8. As he has the total tact of withdrawal or continuation of any case given to him under area 321 of the CrPc., he will forever see the public advantage for this reason and not really for any mal-aims. The equivalent was expressed by the high court in Mohammed Mumtaz v Nandini Satpathy 1987 case that main the courts agree is should have been taken. As in India he has the total prudence and not even the area justice or the SOP can guide him yet just recommend him via notice.
  9. Speedy Trial
  10. To keep flawless the right to life and individual freedom as ensured under Article 21 of the Constitution
  11. The state can extraordinarily request such arrangement when such a case emerges that generally influences public interest. For instance, in 2019 Arvind Kejriwal Chief Minister of Delhi requested the arrangement of unique public examiner for the notorious ‘columnist Soumya Vishwanaths murder case’2.

In Thakur Ram versus State of Bihar3 the high court held that the thought process of selecting an investigator is to address the casualties right as wrongdoing against him/her is considered as wrongdoing against society. Thusly, no individual to their greatest advantage to fulfill their private intentions like retaliation and so forth can utilize this implies.

In Mukul Dalal v. UOI4 the high court has expressed that in India the public examiner’s office is a public one which is significant under for the court and the state to set up only for the social reason.

In Radheshyam v. State of M.P.5 and others the court has expressed that an extraordinary public examiner can be named by the express whose compensation will likewise be paid by the state to keep up with its honesty. In this manner, the public authority can’t name him/her coordinating to get compensated by the private party.

Prosecutors in the U.S. Criminal Justice System

As the U.S. is isolated into state and districts so the framework there is a piece unique. For 50 states and around 3143 districts there they have their own prosecutor. As U.S. is a government republic so just at the administrative level, they have a solidarity for example structure a solitary framework and have examiners as indicated by that. Dissimilar to the way they choose head prosecutors by the U.S. general lawyer’s office for every government the area, the arrangement of examiners is unique.

It isn’t arrangement at all it is finished via political decision for example nearby races. In United States the U.S. government lawyers go about as investigators yet are chosen for their office by the electorates. The Assistant United States Attorney additionally called an administrative examiner is named by the central government and they investigate such open revenue matters in criminal procedures and surprisingly a few common suits.

The significant obligation is that they are generally engaged with examination methodology and keep check that freedoms of blamed are ensured by the law. That is, they are exceptionally associated with the entire examining the wrongdoing system and accordingly partake in the advantage of investigating and talking the observers also.

Job of the Prosecutor in the U.S. Criminal equity System:

  1. He is the person who regulates and guarantees appropriate criminal equity.
  2. He has the optional ability to charge any individual of some offense or not. Which he should work with extreme attention to detail. Albeit the police have the ability to make capture on question yet the charging limit falls inside the ambit of investigator. What’s more nobody can scrutinize his/her choices. One illustration of investigators abusing this power is the Kemba Smith situation where she was condemned to 24.5 years detainment as charges against her were outlined to be remembered for different medication providing exercises, however rather it was her better half who was a street pharmacist and she was only an associate to him. In any case, in return of her declaration she was informed that charges against her would be diminished yet during the time spent examination her better half kicked the bucket and the indictment caused her to confess prompting her conviction6. Along these lines, to keep away from such errors we really want the examiners to utilize their accuse outlining force of most extreme sensibility.
  3. Along these lines, in the US criminal equity framework for the most part investigators have a high ground on what the court will choose, which influences the decency and equity.
  4. Likewise, prosecutors manage the whole request haggling framework and insights have shown that practically in 90% of cases respondents confess. Which typically utilized in an off-base way by investigators as they dive into over-charging rehearses so the litigant gets persuaded to concede for the lesser allegations. As everybody needs to keep away from the preliminary interaction and is frightened of the thorough condemning.
  5. They fill in as semi legal authority along these lines they need to act with reasonableness as he/she is the agent of the general public and neither of the gatherings. He ought not focus on conviction rather should attempt to give the most ideal cure. The equivalent was expressed by the U.S. High court in Berger v. US.7
  6. They do exorbitant examination and gather proof, fundamental capacities are recording summons, supplication haggling, charge outlining and guarantee privileges to the two casualties and denounced.

The segregation between the African American population and the white local area is pervasive in the United States from seemingly forever. As of late we as a whole have seen the shock of the #blackslivesmatter case and seen the responsiveness of this issue around there. In this way, with the wide scope of abilities that the investigator appreciates and as he predominantly affects the legal executive it has forever been the training to segregate among the litigants based on their race (shading).

Subsequently, it is seen that for instance for a situation where a white blamed is charged for homicide and a dark blamed is charged for second-degree murder, the investigators will generally approach the white guilty party’s case in a serious way guaranteeing equity to him. There are occurrences they abuse this power and use it discretionarily. One such model is Central Park Joggers Case 19898, where 5 young men (all younger than 18) were sentenced on charge for assault and rape it was years after the fact of their conviction it was discovered they never perpetrated the wrongdoing.

In any case, during the examination cycle gross infringement of blamed privileges exceptionally as they were underage children occurred. Also based on bogus allegations they had to concede and in this way arraigned for thorough detainments. The central issue was every one of them were blacks and they were persuaded because in light of the shade of their skin, and individuals thought most awful from them. Thus, this is one of the significant disadvantages due to the immense powers given to an investigator in the US.

In People v Smith9, the court expressed that either the arraignment demonstrates liable or not blameworthy, some of the time the indictment neglects to demonstrate the weight of confirmation then the respondent should be permitted to go free. Here no constrained investigation can be laid as there was no proof given to demonstrate the case.

In this way, in the US criminal equity framework significant result of the case is impacted by the examiner and his approach to leading the entire examination and preliminary cycle. Not at all like in India where investigator is taken as a pastor of equity who advices the court however the significant ability to give judgment is with the appointed authorities the examiner simply guarantees fair justice framework.

Prosecutors in English Criminal Justice System

In the UK the investigators fall under the Crown Prosecution framework (CPS)10 and are called crown examiners. The CPS was set up in 1985 by the indictment of offenses act to work in England and Wales separate from the European framework. It is an autonomous body liberated from any obstruction by the police or the public authority. As the UK has three unique locales to manage such open indictment one such under which examiners work to give equity is the CPS.

It isn’t subject to the next 2 bodies. Likewise, the UK doesn’t have a correctional code they work on sculptures, points of reference and customs which are followed and in this manner as per that in the interest of the crown the CPS works. They are needed to follow the Code for Crown Prosecutors. They work to guarantee correspondence and incorporation with 14 provincial groups that arrangement with cases on a neighborhood premise and every one is going by a Chief Crown Prosecutor.

They additionally work for 3 exceptional division, the global equity and coordinated wrongdoing division, unique wrongdoing and counter psychological warfare division and the misrepresentation division group. They are answerable for the attracting up of criminal indictment the UK as a legal organization.

One significant element of arrangement is that both law and non-law experts can apply to be an investigator and can rehearse as a specialist or lawyer independent of having a degree or not. Yet, for individual without law degree he should breeze through the normal expert assessment (CPO) or get an alumni certificate in law.

Job of Prosecutor under the CPS:

  1. They choose with regards to which cases are should have been indicted and which are not.
  2. They complete examination and obtain confirmations for the equivalent.
  3. They choose the charge.
  4. They can likewise inform the police in the process with respect to examination.
  5. Being an autonomous body, they can’t be hindered by any expert in this interaction.
  6. They additionally present in the court the cases (like an attorney) for example they can exhort the guidance in cases.
  7. They likewise guarantee help to casualty and insurance of witness. That they are given their privileges.
  8. There choice on whether or not to charge to charge depends on a full code test, initial segment is to gather the confirmations and regardless of whether these confirmations are solid and can be utilized in court or not. Whenever this is done the subsequent stage is to see the public interest. After this main he/she can continue with the case.

However, consistently questions have been emerging over the independency of the CPS. As many have recommended that the CPS is generally supported by the political administrators and is exceptionally affected or in inclination with the police. This is a direct result of the absence of assets and assets which prompts incongruent strategy and at last making these examiners work for the police.


Common freedoms are to be guaranteed in each framework and that is the sole motivation behind investigator. So no intervention, ambiguity and unfairness is finished. In every country investigator is available yet they have their own specific manner of working and the significant contrast emerges in the powers that are given to them. Every framework has its downsides yet assuming they keep the public interest fulfilled and work for the genuine significance of the investigator that was planned, the general public can definitely be made a more secure spot.



  1. For more information on the OHCHR guidelines for prosecutors and to refer the original document refer to this link – https://www.ohchr.org/EN/ProfessionalInterest/Pages/RoleOfProsecutors.aspx
  2. For information regarding such appointment made By CM Kejriwal refer to this link on the news – https://www.ndtv.com/india-news/soumya-viswanathan-murder-case-arvind-kejriwal-orders-special-prosecutor-1989966
  3. AIR 1996 SC 911
  4. 1988 3 SCC 144
  5. 1999 (2) MPLJ 703
  6. For more insight on Kemba Smith’s case refer to this link – https://www.sentencingproject.org/stories/kemba-smith/
  7. 295 U.S. 78, 88 (1935)
  8. For more information on the Central Park Joggers case which has also been changed into a series called ‘when they see us’, refer to this link – https://www.bbc.com/news/newsbeat-48609693
  9. 185 Ill.2d 532, 545 (1999)
  10. To read more on the CPS visit their official website, refer to the link- https://www.cps.gov.uk/about-cps

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